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High Court asked to consider "genuine" redundancies

Mining giant Peabody has asked the High Court to weigh in on the "critical question" of when redundancies can be considered genuine and the extent of FWC powers to determine how employers might avoid job losses.

Member set bar "too high" for suppression orders: Bench

In a significant decision on principles of open justice, gas giant Santos has won confidentiality orders on its second attempt as it defends its sacking of a former outlaw motorcycle gang member accused of s-xually harassing a 22-year-old apprentice.

HR team "should have known better": FWC bench

A FWC full bench has slammed a public health provider's HR team for its "inappropriate" response to queries about late payment of 'nauseous work' and education allowances for an estimated 220 employees, concluding that the delay amounted to an underpayment capable of attracting a penalty.

Federal Court full bench sets out redundancy rules

A full Federal Court has clarified the extent to which employers must investigate alternative roles for workers caught up in restructures, finding that a mining company had an obligation to assess whether employees could replace already-engaged contractors before making them redundant.

High Court to rule on potential new duty of care for employers

The High Court will consider whether employers' duty of care and consequent exposure to damages extends to providing "safe" disciplinary and dismissal processes that protect sacked workers from psychiatric injury.


"Well-intentioned" department fined over 2016 teacher sacking

A former public school teacher has been awarded $10,500 in penalties after pursuing the ACT's education department through the courts for more than seven years over allegations it unlawfully dismissed her, breaching its agreement's job security terms.

Bench confirms "fetters" on employer's workforce

Svitzer has failed to convince a FWC full bench that it has an "unfettered" right to choose which category its employees fall into regardless of operating procedures at five ports.

Telstra harassment claim to proceed

A couple has been cleared to pursue Telstra over claims it is vicariously responsible for their alleged s-xual harassment by a former employee using confidential contact details sourced through the telco.